Prosecutors have reversed their position and are now asking a judge to unseal autopsy reports for Laci Peterson and her unborn son after details allegedly from one report were leaked to the media Thursday.

The information being leaked has clearly been skewed in favor of the defense, prosecution documents filed in court Thursday say. The People cannot see why the autopsy documents should not be released.

Defense attorney Mark Geragos strongly denied the leak came from his team. "I dont know who they got the document from and I certainly didnt want the document public," Geragos said.

The prosecutors shift on the autopsy reports came after NBC News reported they had obtained a portion of the coroners report on the autopsy on the fetus.

The document says the fetus was found with 1 1/2 loops of plastic tape around its neck and had a significant cut on its torso that had been inflicted after death, MSNBC reported on its Web site.

The information could be used to bolster a defense theory that Laci and her unborn child were slain in a ritualistic killing, possibly by Satanic cult members.

Stanislaus County Judge Al Girolami had ordered the autopsy reports tentatively sealed on May 15 at the request of prosecution and defense attorneys. He was scheduled to make a final decision on the sealing by today.

A statement released Thursday from the district attorneys office says prosecutors cannot verify the accuracy of any media statements concerning the contents of the autopsy reports without violating the courts order.

Senior Deputy District Attorney Dave Harris had argued in favor of sealing the documents at a Tuesday hearing, saying it was necessary to protect Scott Petersons right to a fair trial.

Charity Kenyon, an attorney representing a coalition of newspaper organizations, including The Bee, said during the hearing that the publics right to view court documents was a fundamental component of a transparent legal system.

A frustrated Stanislaus County district attorney did an about-face Thursday and asked a judge to release autopsy reports on Laci Peterson and her unborn son, saying that leaks about the condition of the baby's body were "skewed in favor of the defense."

District Attorney Jim Brazelton stopped just short of accusing defense attorneys for Scott Peterson -- who have hinted that a satanic gang was responsible for killing Laci Peterson and the couple's unborn baby -- of leaking selected details from the autopsy. But in asking a judge to lift a seal on the document, Brazelton said prosecutors hadn't released the document, even to Modesto police or to Laci Peterson's family.

Brazelton filed court papers to make the autopsy public hours after the cable news outlet MSNBC reported that the unborn baby had been found with a loop and a half of plastic tape around his neck and that there was a "significant cut" on his torso inflicted after death.

"The information being leaked has clearly been skewed in favor of the defense," Brazelton, who originally had asked for the autopsies to be sealed, said in his motion Thursday. "By releasing the autopsy reports, the court will allow the media to see what the actual facts are, and then accurate information may be reported."

Superior Court Judge Al Girolami is scheduled to hear the motion June 6.

Mark Geragos, who is defending Scott Peterson on capital murder charges that he killed his wife and their unborn son, did not return phone calls to his office Thursday, but told the Associated Press that he would not comment on the reports.

Girolami "more than telegraphed that he does not want us commenting on the case" during a closed meeting in his chambers Tuesday, Geragos told the AP.

INFORMATION NOT CONFIRMED

The Contra Costa County Sheriff's Department, whose coroner conducted the autopsies, would not confirm or deny the information in the leaked report.

The bodies of Laci Peterson, 27, and her unborn son, whom the couple had planned to name Conner, were found in mid-April after washing ashore along the Richmond shoreline.

May 30 Laci Peterson's head and parts of her limbs were missing and plastic tape was wrapped around the neck of her child, according to the full autopsy and coroner's photographs exclusively seen by ABCNEWS.

According to the autopsy, the skin of the child was not decomposed at all, though the right side of his body was mutilated, and the placenta and umbilical cord were not found with the body.

The autopsy said that the cause of Laci Peterson's death was undetermined, and there was no evidence of man-made wounds, despite the fact that her head and all or part of her limbs were missing.

Peterson's body was so badly decomposed it barely looked like a body after it was found in San Francisco Bay last month. However, the autopsy report showed her cervix was intact.

Experts are divided over whether the new revelations about the condition of Laci Peterson's body and that of her child will help prosecutors or Scott Peterson's defense.

On Thursday, sources close to the investigation told ABCNEWS the sealed autopsy report indicated a piece of nylon tape was looped around the child's neck when it washed ashore last month, and that there was a laceration or tear on the tiny body.

There also was tape on Laci Peterson's lower torso, outside her clothing, when her body was found April 14, a day after her baby's remains were recovered, the sources said.

Forensic pathologist Dr. Michael Baden told Good Morning America that the limbs and head were probably removed before Laci was put in the water.

The grisly new details could fuel speculation as to whether the baby ever lived outside the womb, which defense attorneys could use to undermine the prosecution's case against Scott Peterson, Laci's husband and the father of the child they had planned to name Conner.

The prosecutors handling the case said Thursday that since the autopsy was starting to be leaked to the media, the whole report should be released.

"The information being leaked has clearly been skewed in favor of the defense," Deputy Stanislaus County, Calif., District Attorney David Harris wrote in a statement released late Thursday. "By releasing the autopsy reports the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity."

Unanswered Questions

While the defense and prosecution dispute what the latest revelations might mean, experts also appear divided.

When asked what the tape on the bodies might mean to the case, Robert Pugsley, a law professor at the Southwestern University School of Law in Los Angeles, told ABCNEWS Radio: "This 8-month-old fetus was the direct intended victim, as well as the mother, of the homicidal activities of the murderer.

"This is a clear indication that the state is perfectly justified  indeed, I think, obliged  to pursue the double-homicide case which they've already laid," he said.

MODESTO, California (CNN) -- On the heels of gruesome information leaked from the autopsy report on Laci Peterson's unborn child, the prosecutor in the case filed a motion Thursday seeking to unseal the reports on both the mother and child so that the media can report "accurate information."

Stanislaus County District Attorney James Brazelton said the people of California have the right to correct inaccurate information, suggesting the media reports on the autopsy are not.

"By releasing the autopsy reports, the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity," his motion read.

Brazelton earlier Thursday released a statement, saying he "cannot verify the accuracy of any media statements concerning the contents of the autopsy reports without violating the court's order."

He later decided to file the motion.

"It continues to be the view of the district attorney that the evidence in this case should be presented in court through testimony of witnesses and not selectively leaked to the news media by unknown persons whom the press will not identify," he said.

His motion will be heard June 6 in Superior Court in Modesto.

Scott Peterson, 30, is awaiting trial on two counts of murder for the deaths of his wife Laci, 27, and their unborn son, who was to be named Connor. Prosecutors have said they will seek the death penalty if he is convicted. Peterson insists he is innocent.

Just two days ago, Superior Court Judge Al Girolami heard arguments on whether to keep the autopsy results sealed, with prosecutors and the defense arguing that unsealing them could jeopardize Peterson's chance for a fair trial. News organizations countered by saying the results are a matter of public record and should be released. Girolami did not rule on the matter at that time.

May 30, 2003 -- Laci Peterson's unborn child had plastic tape wrapped around his neck and a large cut across his shoulders when he was found in the shallow waters of San Francisco Bay.

The shocking revelation opens the possibility that the 81/2-month fetus had been born and then strangled, a forensic expert told The Post.

According to sources close to the probe, the boy, who was to be named Conner, was found with 11/2 loops of plastic tape around his neck, with an inch gap in between the tape and the skin - making the tape resemble a noose.

Noted forensics expert Dr. Henry Lee said that would be "with strangulation." Lee, who is not connected with the case, said it was possible the child had been born and then strangled - but cautioned that more details needed to be revealed before he could say conclusively.

The latest blockbuster details were first reported by MSNBC and later confirmed by The Associated Press.

The revelations could bolster the defense's contention that members of a Modesto satanic cult - not Scott Peterson, Laci's husband - killed his wife and unborn child, Lee said.

"This opens up a lot of interesting questions," said the doctor, who provided DNA expertise for the O.J. Simpson double-murder case.

The new headline-grabbing murder mystery has intensified since Laci's headless body washed ashore in San Francisco Bay on April 14. The fetus was retrieved a day earlier.

Sources involved in the case told Fox News that investigators were not ruling out that the plastic tape could have been floating debris that managed to wrap itself around the baby's neck.

Top forensic pathologist Dr. Michael Baden doubts the fetus was actually born, but was still intact in the womb when Laci died. If the baby had been separated, Baden said, the tiny body would have deteriorated faster than Laci's.

Both bodies were found to be in the same condition.

"We just have to wait and see," Baden said.

Reacting to yesterday's stunning autopsy details, District Attorney James Brazelton lashed out at the media, saying that because of the leaks, his office had filed a motion to unseal the full 25-page autopsy report.

"The information leaked has clearly been skewed in favor of the defense," the motion stated.

Peterson, 30, who has pleaded not guilty, is in jail pending his trial on charges of double murder. Mark Geragos, Peterson's defense lawyer, has asserted that a mystery brown van was seen around the Petersons' neighborhood sometime around his 27-year-old wife's disappearance.

The defense also contends it knows at least four or five people who were actually involved in the "satanic" killing.

A preliminary hearing has been set for July 16, when prosecutors will have to show they have sufficient evidence to try Peterson on murder charges. If he is convicted, he could face death by lethal injection.

A spokesman for the Contra Costa County coroner's office left a recording saying officials would not comment.

"Judge Girolami denied a request from the parties to consolidate the June 3, 3002 hearing scheduled in Dept. 5 with the hearing on June 6, 2003 scheduled in Dept. 2. The June 3, 2003 date remains on calendar in Dept. 5.

On June 6, 2003 Judge Girolami will also hear arguments on the wiretap In Camera hearing. The judge set the date of May 30, 2003 for Points and Authorities from the defense and June 4, 2003 for Points and Authorities from the District Attorney.

4
posted on 05/30/2003 5:44:45 AM PDT
by runningbear
(Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)

MODESTO, Calif. - The weekend, the PT Cruisers "Show and Glow" will have several downtown streets closed during evening and daytime hours.

On Friday, May 30th and Saturday, May 31st from 7:00 p.m. to 2:00 a.m., J Street from 9th to 11th and 10th Street from I to J Street will be closed for the PT Cruisers "Show and Glow" show.

Then, on Sunday morning June 1st from 9:00 a.m. to 10:30 a.m., the PT Cruiser Parade will close streets D to J from 10th Street to 16th, 16th Street to I Street, then I Street back to 10th Street. The PT Cruisers will circle around the J and I Street area twice and then on the second lap, the parade of cars will go south on 14th to Tuolumne River Regional Park."

Prosecutors countered Thursday's leak of information about Conner Peterson's dead body by asking a judge to release the full autopsy reports on the baby boy and his mother, Laci.

Thursday night, an official with the Contra Costa County Sheriff's Department confirmed that the leaked information came from Conner's autopsy report.

MSNBC reported Thursday morning that it had obtained a "a portion of the coroner's report on the autopsy on the fetus."

The document states that the fetus was found with 11/2 loops of plastic tape around its neck and had a significant cut on its torso, a cut inflicted after death, MSNBC reported.

The details could suggest that Conner died separately from his mother, who was eight months pregnant when family members reported her missing Christmas Eve from her Modesto home. Her husband, Scott, has been charged with two counts of murder.

"The information being leaked has clearly been skewed in favor of the defense," the Stanislaus County district attorney's office declared in a court filing within hours of the leak. "The people cannot see why the autopsy documents should not be released."

District Attorney James Brazelton's position marked a dramatic reversal from his previous opposition, restated earlier this week, to unsealing the reports.

6
posted on 05/30/2003 5:58:12 AM PDT
by runningbear
(Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)

One of the early reports published back in April when the bodies were discovered mentioned that the water level had been very low in the bay/shipping channel. The article went on to say that it's possible the bodies could have been hit by ship propellers (the cut on the baby, missing parts on Laci) and the resulting underwater turbulence could have dragged the bodies about, therefore picking up debris and causing further injury. This makes sense to me, but I haven't seen this theory mentioned again in recent reports. I guess the grisly factor wasn't high enough. Anyone else recall reading this?

"The information being leaked has clearly been skewed in favor of the defense," the Stanislaus County district attorney's office declared in a court filing within hours of the leak. "The people cannot see why the autopsy documents should not be released."

Geraldo says, according to other posters, that the defense tactics have worked because now the prosecution is reacting to them? Evidently Geragos was hired to be a public pain in the ass. That still leaves SP without a defense.

By the end of yesterday, experts and reports from "reliable" sources had the bodies being cut up while drifting in the Bay and entangled in existing Bay debris. A far cry from the defense contention of a satanic cult ritual.

Once again the media laps up the defense morning spin only to regurgitate it later in the day as something wholly unpalatable.

and it was soooo too much it seems watching what I could of Dan Abrams... When Matthews credited him for the news breaking story, Dan just nodded, like head leaning downward, okay, if you say so look!....;o)

I do believe all the wording of yesterday's news was of artistic compositions from the "Defense" .... Why is Mark all of the sudden, "not commenting"? Seems, when this kind of stuff, close to violating the judges instructions, Geragos won't comment... ummmm, ya think he is going to hear from it from Giromali? I hope so!

16
posted on 05/30/2003 6:35:27 AM PDT
by runningbear
(Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)

Geraldo started off the day in a "damage control" mode. He seemed to be saying that the autopsy report hysteria that went on yesterday, wasn't anything that would help the Defense. Nothing new, nothings changed, IMO.

He had logical explanations for the "debris" that may have been caught up around the babies neck, etc.

I think that picture was taken at the memorial service. As in a funeral or rosary, people file by and "view" the deceased. They often show forms of affection at that time. This touching of picture is an example of what happens when the body is being held elsewhere.

Okay. Then I retract my comment. It just struck me that there might be a permanent Laci memorial on Covina Ave. I DO know that people are driving to Modesto from places like Sacramento and the Bay area just to drive by the house.

Normally, I would NOT want to read the autopsy report on a crime - but this time - I DO want to read it. I really think Scott is guilty as sin and I do not want to see him go scott free as did Bill, Hill Clinton, Algore, and OJ. Some of the BIGGEST criminals of my lifetime.

When our neighbor's child was murdered, there was a stream of cars past the house for weeks. They'd slow down, point--and some would get out of their cars to look at the crime scene, walk around the yard, stand in the middle of the street to take pictures, try to engage us in conversation about the murder, you name it. It was creepy.

Of course, nothing was as creepy as the media invasion. That was disgusting.

I hope Dan gets in some sort of trouble over this. In his haste to be the one credited with this 'breaking news', I think he may have put his source, whoever it was, in trouble. And the way he reported it, it really sounded like his source has to be connected to the defense.

Why, for instance, would a transcriber or anyone else who may have had contact with this amendment to the autopsy, conclude as Dan did, that it could possibly be a noose and make it sound like someone had purposely strangled and stabbed Connor? Sheesh!

I can understand it if your "in the neighborhood". Heck, I've done it myself, going to the locations related to this case in Richmond and Berkeley. I'm not driving to Modesto, though. That's what I was commenting on, driving 80 miles to see the house is weird.

"Why, for instance, would a transcriber or anyone else who may have had contact with this amendment to the autopsy, conclude as Dan did, that it could possibly be a noose and make it sound like someone had purposely strangled and stabbed Connor?

This really strikes me odd. Why in the world would this information have been an AMENDMENT?

It would seem to me this would have been one of the first things put in an autopsy report.

36
posted on 05/30/2003 7:35:46 AM PDT
by Spunky
(This little tag just keeps following me where ever I go.)

By the end of yesterday, experts and reports from "reliable" sources had the bodies being cut up while drifting in the Bay and entangled in existing Bay debris. A far cry from the defense contention of a satanic cult ritual.

Every time I heard someone yesterday who was commenting on the satanic cult angle, it was pointed out that such cults never kill pregnant mothers, and I believe it was said babies would not be strangled or killed in such a fashion.

MG has a lot of nerve trying to pull this, despite his denials that he's the source of the leak.

>>In L.A., you can hire Graveyard Tours (I think that's the name) to drive you around in a hearse to all the famous crime scenes. <<

I've been to LA twice and wanted to take that tour but ran out of time both times. I understand they take you to the cemeteries, too. I've always been a true crime fan, read lots of the books, watch the movie versions. Perhaps that is ghoulish but there must be a lot of people who do the same or these businesses would have failed long ago.

Just sort of a reference to a couple of things. One, "the dark side" to those posters who look down on those of us who like to post on crime threads and, two, "the dark side" because previous crime threads have often gotten so acrimonious, smoky, dark, and unpleasant.

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